How Much Money Can I Recover from a Mesothelioma Claim?
Working with asbestos exposure victims for so many years has taught me that no two compensation claims are the same. Therefore, the amount of money a plaintiff can receive from theirs also varies tremendously according to the specific exposure circumstances and its consequences.
Most people ask themselves how much their claim might be worth before they even start taking steps in bringing it. Since each case requires thorough examination on behalf of an experienced mesothelioma lawyer in order to estimate its value, I won’t be able to tackle this question right up front. But I can tackle the following questions which will help you understand how mesothelioma cases are evaluated and what requirements you should meet to receive an award.
What Factors Influence the Amount of Compensation I Might Receive?
If mesothelioma compensation claims differ immensely from one another, the eligibility criteria are the same and so are the factors that help determine how much each case is worth. If you have a broader view of what these criteria are, you’ll find it easier to anticipate your claim’s outcome. These are the most important aspects lawyers, judges and jury members look for when evaluating a mesothelioma claim:
• exposure circumstances
Asbestos exposure can occur on the job (occupational exposure), at home (secondary exposure) or it can simply be the result of the polluted environment a person lived in (environmental). Most mesothelioma victims have had contact with this toxic mineral on the job after years of work in plants where asbestos was ubiquitous. Yet, others took home their work equipment and clothing and ended up contaminating their houses with the toxic fibers and endangering their families as well. How you’ve been exposed to asbestos, for how long and the level of exposure you endured are important factors that will heavily weigh on your future claim.
• physical injuries & correlated medical costs
Mesothelioma claims are included in the large legal area called personal injury litigation. When you’re suing for asbestos exposure you’re basically bringing to justice the company that caused you physical injuries by exposing you to asbestos. These injuries have to be supported by medical evidence which, in your case, is your mesothelioma diagnosis. The compensation amount you will be given is largely based on the severity of your condition and the costs of the medical treatments you require.
• loss of income
A mesothelioma diagnosis can bring dramatic changes to a person’s life; this condition produces damages that go far beyond the physical level. The patients’ ability to live the life they had before the diagnosis is utterly impaired. Besides the psychological burden of living and fighting with this condition, victims often struggle with financial difficulties as well. These people often become physically incapable of working which leads to loss of revenue. All the while, their disease requires costly medication and constant check-up. Therefore, the financial damages caused by this disease play an important role during the claim’s assessment.
What Is the Average Compensation Amount in a Mesothelioma Claim?
Each case’s outcome varies a lot depending on the above-mentioned aspects, for this reason, it’s difficult to estimate a claim’s value in the absence of clear evidence. Yet, a Mealey’s Ligation analysis concluded that the average mesothelioma award for a court trial is $2.4 million. In case of settlement, this value decreases to approximately $1 million which is usually granted in cases that involve several defendants.
How Can I Increase My Chances of Recovery?
Your chances of recovering a fair amount of money from your mesothelioma claim depend largely on how well your case is presented. You might have solid evidence, but you also need someone who can leverage it and fight for your cause. Working with an experienced mesothelioma lawyer will increase your chances of winning your claim. A knowledgeable legal representative will know what arguments have a bigger impact on the court’s verdict or how to negotiate a fair compensation amount in case of settlement.
ABOUT THE AUTHOR: Kevin McKie
Mr. McKie has represented thousands of clients in complex environmental toxic tort cases. Hehandles individual lawsuits and large community exposure cases, but he also representscompanies in environmental matters.Mr. McKie is an experienced lawyer working for a unique law firm that boasts a large number of successful mesothelioma cases – Environmental Litigation Group.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.